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(영문) 서울서부지방법원 2017.11.16 2017가단12830
대여금반환
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 44,844,055 and KRW 40 million among them, from June 24, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statements stated in Gap evidence Nos. 1 through 3 (including additional numbers), the plaintiff extended loans of KRW 40 million to the defendant A on July 15, 2016 from July 15, 2016 to July 15, 2019, with interest rate of KRW 27.8% per annum, and interest interest rate of KRW 27.9% per annum, and interest rate of KRW 27.9% per annum. At the time, the defendant corporation B (hereinafter "the defendant corporation") jointly and severally guaranteed the above loan obligations of the defendant Eul; ② the defendant corporation lost its interest due to delinquency in payment of interest after January 13, 2017; the defendant corporation's loan obligation of KRW 40 million with interest rate of KRW 40 million as of June 23, 2017 and interest rate of KRW 40,484,485.75% per annum, barring any special circumstance, to the plaintiff.

2. As to this, the Defendant Company asserted to the effect that it cannot respond to the Plaintiff’s claim since Defendant A was fully responsible for the foregoing loan obligations and only prepared joint and several sureties documents formally. However, there is no evidence to acknowledge this.

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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